This is the second article in a series addressing the newly proposed Title IX regulations, published by the U.S. Department of Education on November 16, 2018, intended to address institutional procedures for investigating and resolving complaints of sexual harassment and sexual assault in educational institutions funded by the federal government....
Thirty years ago, mediation—settlement negotiations guided and supervised by a third party neutral—was something of an alien concept for New York civil litigators. We remember many conversations dismissing participation in early mediation of a case as a sign of weakness or simply as an opportunity for free discovery. Today, however,...
A licensor of copyrighted software is often faced with two potential pathways for a claim that the copyrighted material was misappropriated: (1) a claim under the Copyright Act or (2) a claim for breach of the licensing agreement. A recent decision from the U.S. Court of Appeals for the Second...
The U.S. Department of Education, on November 16, 2018, published proposed Title IX regulations intended to address one of the most fraught areas of campus life and politics: institutional procedures for investigating and resolving complaints of sexual harassment and sexual assault in educational institutions funded by the federal government. The...
In Lamps Plus, Inc. v. Varela, the U.S. Supreme Court, in a 5-4 decision, has affirmed its long-standing support for permitting businesses to enforce mandatory arbitration provisions with their customers and employees, and to avoid any class determination of claims. The decision is not a sea change in the law...
The Supreme Court today agreed to hear three cases on the issue of whether gay and transgender workers are protected under the federal anti-discrimination laws. As noted in a prior post, in Zarda v. Altitude Express, Inc., the en banc Second Circuit Court of Appeals (which covers New York) recently...
On March 18, 2019, New Jersey Governor Phil Murphy signed into law Senate Bill 121 (“S121”), amending the New Jersey Law Against Discrimination (“NJLAD”). The NJLAD is New Jersey’s central anti-discrimination law. NJLAD prohibits employers from discriminating against employees in any job-related action, including recruitment, interviewing, hiring, promotions, discharge, and...
Today is International Women's Day, a global day celebrating the social, economic, cultural and political achievements of women and also marking a call to action to accelerate gender parity. The first International Women's Day occurred in 1911 and is not specific to a country, group or organization, but rather belongs...
The U.S. Supreme Court has now ruled that a copyright owner can only file a complaint for copyright infringement after the Copyright Office has registered the work at issue, putting an end to a split among the federal circuit appellate courts on that issue. As I previously reported, while the...
As an update of my reporting concerning the United States Patent and Trademark Office’s controversial policy of seeking to recover attorneys’ fees in connection with district court review of denials of trademark and patent applications, the Supreme Court today granted the petition for certiorari in Iancu v. Nantkwest and agreed...